Remember: PNP, NBI, et al cannot detain a suspect indefinitely.
Legal effect of the "waiver" of Article 125 of the Revised Penal Code, re: "maximum police detention time" while undergoing "inquest proceedings" before an inquest prosecutor based on a "valid warantless arrest" pursuant to Section 5, Rule 113 of the Rules of Criminal Procedure.
Supreme Court en banc decision c. 2017:
"The rule is that a person subject of a warrantless arrest must be delivered to the proper judicial authorities8 within the periods provided in Article 125 of the RPC, otherwise, the public official or employee could be held liable for the failure to deliver except if grounded on reasonable and allowable delays. Article 125 of the RPC is intended to prevent any abuse resulting from confining a person without informing him of his offense and without allowing him to post bail. It punishes public officials or employees who shall detain any person for some legal ground but fail to deliver such person to the proper judicial authorities within the periods prescribed by law. In case the detention is without legal ground, the person arrested can charge the arresting officer with arbitrary detention under Article 124 of the RPC. This is without prejudice to the possible filing of an action for damages under Article 32 of the New Civil Code of the Philippines.
Article 125 of the RPC, however, can be waived if the detainee who was validly arrested without a warrant opts for the conduct of preliminary investigation.The question to be addressed here, therefore, is whether such waiver gives the State the right to detain a person indefinitely.
The Court answers in the negative.
The waiver of Article 125 of the RPC does not vest upon the DOJ, PPO, BJMP, and PNP the unbridled right to indefinitely incarcerate an arrested person and subject him to the whims and caprices of the reviewing prosecutor of the DOJ. The waiver of Article 125 must coincide with the prescribed period for preliminary investigation as mandated by Section 7, Rule 112 of the Rules of Court. Detention beyond this period violates the accused's constitutional right to liberty.
Stated differently, the waiver of the effects of Article 125 of the RPC is not a license to detain a person ad infinitum. Waiver of a detainee's right to be delivered to proper judicial authorities as prescribed by Article 125 of the RPC does not trump his constitutional right in cases where probable cause was initially found wanting by reason of the dismissal of the complaint filed before the prosecutor's office even if such dismissal is on appeal, reconsideration, reinvestigation or on automatic review. Every person's basic right to liberty is not to be construed as waived by mere operation of Section 7, Rule 112 of the Rules of Court. The fundamental law provides limits and this must be all the more followed especially so that detention is proscribed absent probable cause.
Accordingly, the Court rules that a detainee under such circumstances must be promptly released to avoid violation of the constitutional right to liberty, despite a waiver of Article 125, if the 15-day period (or the thirty 30- day period in cases of violation of R.A. No. 91659 ) for the conduct of the preliminary investigation lapses.
This rule also applies in cases where the investigating prosecutor resolves to dismiss the case, even if such dismissal was appealed to the DOJ or made the subject of a motion for reconsideration, reinvestigation or automatic review.
The reason is that such dismissal automatically results in a prima facie finding of lack of probable cause to file an information in court and to detain a person.
The Court is aware that this decision may raise discomfort to some, especially at this time when the present administration aggressively wages its "indisputably popular war on illegal drugs."
As Justice Diosdado Peralta puts it, that the security of the public and the interest of the State would be jeopardized is not a justification to trample upon the constitutional rights of the detainees against deprivation of liberty without due process of law, to be presumed innocent until the contrary is proved and to a speedy disposition of the case.
WHEREFORE, it is hereby declared, and ruled, that all detainees whose pending cases have gone beyond the mandated periods for the conduct of preliminary investigation, or whose cases have already been dismissed on inquest or preliminary investigation, despite pending appeal, reconsideration, reinvestigation or automatic review by the Secretary of Justice, are entitled to be released pursuant to their constitutional right to liberty and their constitutional right against unreasonable seizures, unless detained for some other lawful cause.
SO ORDERED."
Read:
Supreme Court En Banc Decision.
G.R. No. 232413, July 25, 2017.
IN
THE MATTER OF THE PETITION FOR ISSUANCE OF WRIT OF HABEAS CORPUS WITH PETITION FOR RELIEF INTEGRATED BAR OF THE PHILIPPINES PANGASINAN LEGAL AID and JAY-AR R. SENIN, Petitioners.
vs.
DEPARTMENT OF JUSTICE, PROVINCIAL PROSECUTOR'S OFFICE, BUREAU OF JAIL MANAGEMENT AND PENOLOGY, and PHILIPPINE NATIONAL POLICE, Respondents.
Notes:
Section 125, Revised Penal Code:
"Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. - The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent."
Section, Rule 112, Rules of Criminal Procedure:
"Section 7. When accused lawfully arrested without warrant. - When a person is lawfully arrested without a warrant involving an offense which requires a preliminary investigation, the complaint or information may be filed by a prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing rules. In the absence or unavailability of an inquest prosecutor, the complaint may be filed by the offended party or a peace officer directly with the proper court on the basis of the affidavit of the offended party or arresting officer or person.
Before the complaint or information is filed, the person arrested may ask for a preliminary investigation in accordance with this Rule, but he must sign a waiver of the provisions of Article 125 of the Revised Penal Code, as amended, in the presence of his counsel.
Notwithstanding the waiver, he may apply for bail and the investigation must be terminated within fifteen (15) days from its inception.
After the filing of the complaint or information in court without a preliminary investigation, the accused may, within five (5) days from the time he learns of its filing, ask for a preliminary investigation with the same right to adduce evidence in his defense as provided in this Rule."
Section 90, R.A. 9165, "Comprehensive Dangerous Drugs Act of 2002":
Republic Act No. 9165, Section 90. Jurisdiction. - The Supreme Court shall designate special courts from among the existing Regional Trial Courts in each judicial region to exclusively try and hear cases involving violations of this Act. The number of courts designated in each judicial region shall be based on the population and the number of cases pending in their respective jurisdiction.
The DOJ shall designate special prosecutors to exclusively handle cases involving violations of this Act.
The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty (30) days from the date of their filing.
When the preliminary investigation is conducted by a public prosecutor and a probable cause is established, the corresponding information shall be filed in court within twenty-four (24) hours from the termination of the investigation. If the preliminary investigation is conducted by a judge and a probable cause is found to exist, the corresponding information shall be filed by the proper prosecutor within forty-eight (48) hours from the date of receipt of the records of the case.
Trial of the case under this Section shall be finished by the court not later than sixty (60) days from the date of the filing of the information.
Decision on said cases shall be rendered within a period of fifteen (15) days from the date of submission of the case for resolution.
The Implementing Rules and Regulations of the law further states:
Section 90. Jurisdiction. - The Supreme Court shall designate special courts from among the existing Regional Trial Courts in each judicial region to exclusively try and hear cases involving violations of the Act. The number of courts designated in each judicial region shall be based on the population and the number of cases pending in their respective jurisdiction.
The DOJ, through its provincial/city prosecution offices, shall designate special prosecutors to exclusively handle cases involving violations of the Act.
The preliminary investigation of cases filed under the Act shall be terminated within a period of thirty (30) days from the date of their filing.
When the preliminary investigation is conducted by a public prosecutor and a probable cause is established, the corresponding information shall be filed in court within twenty-four (24) hours from the termination of the investigation. If the preliminary investigation is conducted by a judge and a probable cause is found to exist, the corresponding information shall be filed by the proper prosecutor within forty-eight (48) hours from the date of receipt of the records of the case.
However, when the prosecutor disagrees with the finding of the Municipal Trial Court and he/she finds the need to conduct a formal reinvestigation of the case to clarify issues, or to afford either party the opportunity to be heard to avoid miscarriage of justice, the prosecutor has to terminate the reinvestigation within fifteen (15) days from receipt of the records, and if probable cause exists, to file the corresponding information in court within forty-eight (48) hours from termination of the reinvestigation.
Trial of the case under this Section shall be finished by the court not later than sixty (60) days from the date of the filing of the information. Decision on said cases shall be rendered within a period of fifteen (15) days from the date of submission of the case for resolution."
